[ daughter ] hi mom. hey honey, the trip's great, very relaxing. are you sure you can't make it? but you come every year! you could be playing bingo right now! woooo! and there's movie night -- you love movies! [ laughs ] sorry honey, can't hear you -- bad connection. love you! [ laughs ] ♪ [ female announcer ] find progresso heart healthy soup on sale now at your local safeway store. got shot? wait 'til you

hear why this bay area fath told us.. he waited more than 5 s this is kpix 5 news. what would you do if you child got shot? why this father waited 5 hours to call 911. >> good evening. i am allen martin. ken bastida has the night off. >> i am elizabeth cook. the girl was shot as she slept. kiet do found out more. >> reporter: no time to clean up. the family has been at the hospital all day. we caught up with the girl's father. >> just to be clear you did not hear the shots? >> i heard shots. i thought they were something else. something else. sounded like bolts. >> police say at 2:00 a.m. this morning a gunman sprayed the house with bullets.

the family waited 5-1/2 hours to call police. >> we still need to be out there to street. >> why didn't you call the cops right away. >> normally we don't call the cops when we hear shots. >> reporter: one of the rounds hit the girl in the buttock. the father oftenned this -- offered this reasoning. >> they said she was -- she is 10 years old. i didn't notice holes in the walls. >> reporter: many neighbors heard the shots. not a single person picked up the phone. he says this attitude must change. >> that is why it happens. nobody deals with it. we need to stand up to this. otherwise it will get worse. >> reporter: anything you want

to say to anybody who is judging you at all? >> nobody has the right to judge. >> i am not -- i am -- everybody will judge. i am not judging nobody. people will have to deal with the lord. >> reporter: kiet do, kpix 5. man is dead and a woman in the hospital after a shooting. a gunman fired into a parked car on 23 and arkansas street at 8:00 p.m. a man and a woman inside were hit. the man died. the woman is expected to be okay. the gunman took off. san jose police are looking for whoever shot out the windows of 10 cars on highway 101. police say somebody fired a bb gun or a pellet gun during rush hour last night. one of the drivers tweeted these pictures. that is not cheap to replace but no one was hurt.

tonight one bay area mayor is calling for a time out. it has to do with what some leaders want to fly over city hall. >> reporter: the chinese flag. if they had their way it would by hoisted on october 1 but late today the mayor over ruled the plan after public outrage peaked. >> the back lash was swift. >> 75 e-mails and phone calls each day. >> reporter: three days after the city counsel voted to fly the chinese flag over city hall. >> we won't be flying the flag on october 1. >> reporter: in a rare move the mayor used a powerful ordinance

to suspended the decision. protesters flocked to the city counsel meeting. >> it is a big victory. for the people all over the world. >> announcer: was the city counsel -- >> reporter: it was the councilman's idea to flag the flag a way to signal that they want their business. >> spare the partnership. >> that is what he said monday. today he did not return our calls. >> the city counsel meets october 7. the mayor wants them to come up with a policy dealing with whether they will ultimately decide to let the flags of other nations fly and he wants to hear from the public. christin ayers, kpix 5. mark zuckerberg lobbying for immigration reform on capitol hill. he met with speaker of the

house john boehner and nancy pelosi. he wants facebook to be able to recruit more employees from abroad. facebook made big political contributions. >> i don't know. i think it is hard to affiliate. i am pro knowledge economy. california just became the first state to legitimize ride sharing. companies face a laundry list of new rules, including training and criminal background checks and commercial liability insurance. unlike taxi drivers, it can't accept a street hail from a passenger. taxi drivers aren't very happy. they say it takes away their business. >> i believe our best shot is in a court of law, which is not

political. >> the public utilities commission plans to revisit it in a year. the newest iphone goes on sale tomorrow. tonight people are lining up outside apple stores to get the 5s and they brought chairs. this is university avenue. they have been camping out since tuesday. look at the crowd. some people we talked to tonight, kind of like camping in the street and everyone is pitching in. >> there is also a public bath room down the street, which is nice. starbucks allowed us to use their facilities. as far as sleeping i have a team that we have done shifts. you know, collaboration makes life easier. >> teameft. it starts at -- team effort. it starts at $199. the 5c starts at $99.

5-6million iphones will be sold tomorrow through sunday. if you are sick of your phone running out of juice, i found a company introducing a chip that could be a game changer. >> how often do you charge your phone? what if you could get a week's worth of power on one charge? >> it is so fast. some of the other components you don't need anymore. >> that device a chip that will process information so fast it will extend battery life up to a week. in addition one chip can hold a terabyte of information. right now you need a portable hard drive to store a terabit. in terms of memory what this chip will hold is the equivalent of 16 ipads.

>> the amount of energy tostore -- to store something is small. 20 times smaller than anything else in terms of what you are using today and that allows you to reduce the consemption. >> reporter: -- consumption. >> reporter: this could be a game changer. >> this technology could take that hard drive out and reduce the size it consumes, the power, the heat and the noise it makes. >> reporter: as far as storage we are almost to the point we don't need it. >> in the cloud. whatever it may be. >> reporter: but he believes more is better when comes to storage and who wouldn't want to store 35,000 photos on their smart phone which is what the chip will be able to do.

>> who wouldn't, right? he says it started with an accidental discovery. a part of sphraen where anything -- san francisco where anything goes may soon have a dress code. >> i will leave right now and run up the street to show you how it works. demption. and why are there are so ma >> imagine coming theme this? how a -- home to this. how a former raider is offering a party. and why are there so many humpback whales all of a sudden? >> making our rain chance coming up rare. when it gets here and when the rain will move out coming up.

ready? happy birthday! it's a painting easel! the tide's coming in! this is my favorite one. it's upside down. oh, sorry. (woman vo) it takes him places he's always wanted to go. that's why we bought a subaru.

at first glance, you might k a's fans got a taste of the new security measures today. first glance you might think you are at the airport. fans have to walk through metal detectors and have their bags search. >> if weigert the point we want people to get use -- if weigert

the point we want people to get -- if we want to get used to it we want people to get used to it. a former raider is picking up the pieces of his home. teens broke in and parties there while he was out of town. sharon chen says she offering re-- he is offering redemption. >> she a former offensive tackle for the patriots and raiders. he was in florida labor day weekend when he son got word there is a party going on that vacation home. >> i thought it was a joke. i thought he was pranking me. >> till he went online and saw posts about the party on twitter even as the police came to break it up. >> i was watching the tweets and listening them to say what a great party it is. i am watching this thing and i am going you got to be kidding

me. >> the place was a wreck. >> punched holes in the walls. >> reporter: ruined carpet, trash everywhere, including drugs. >> i blew past furious to being in a state of shock. >> he posted tweets from some of the kids who were there. one reads like it is so trashed. another says good thing we got away but that person may have tweeted too soon. >> damage could be replaced. stolen could be returned. what are we going to do about the 300 kids. how did they get this far? how did this make sense and how do we get back on the right track? >> reporter: police say arrests will be made if it is appropriate. he challenged the kids to come forward. do the right thing and help him repair the damage but only one has shown up.

kpix 5. >> he estimates the damage to his house at least $30,000. you better dress to impress when you go to north beach. they are thinking of making everyone to adhere to a dress code. what is the plan here? >> reporter: a lot of people are saying it is about time. leaders released a new security plan for right here, the broadway corridor in north beach. more staffing, more club promoters, better lighting and security cameras and a dress code. >> reporter: don't let the lights fool you. look at this guy we found on the streets tonight. >> pretty rough area. red light district in san francisco. i don't come here at night. >> reporter: from fights, to

shootings to this wreck involving a taxi and a pedestrian. all that may be about to change. the city announced a new plan to make the area safer and more attractive, starting with increased security and a dress code. >> dress code has to be unified and up to the bar or the nightclub to enforce it. >> reporter: businesses are all for it. >> we don't have a dress code now but we definitely, you know, try to filter out, you know, people we think might cause a problem. >> what does it mean? for girls you can get away with anything. for guys, no baggy pants, no tennis shoes and you have to leave these at home. many don't mind either. >> like in chicago they make everybody come dressed to impress. >> the hope, get broadway to clean up its act for good. >> i believe broadway is too

blocks long and should be the mecca of entertainment for everybody. >> reporter: as you can see there is already police and ambulance activity going on right now. the city is working with companies to ensure the area has enough police presence for big groups and the latest bus companies can drop off is 11:00 p.m. >> you have seen enough people out there, if you had to apply the dress code now, how many would fit in? how many wouldn't? 50/50 right now' -- >> reporter: 5050 right now. >> what? >> reporter: 50/50 right now. questionable attire choices and other people look like they are ready for a night on the town. >> dress to impress. step it up. nothing wrong with that. [ talking at the same time ] >> start up.

mother nature may be helping because you could probably get away with shorts today but over the weekend, it will feel like fall. a significant change. we had temperatures close to 80 in san francisco. 90s inland. and it is all going away tomorrow. big changes coming. tonight, san jose, clear skies. start off sunny in san jose tomorrow but you finish cloudy and the south bay a chance of showers tomorrow night and saturday. dry tonight. north bay first, as soon as tomorrow we will see showers building in into the north bay working south. windsor, showers tomorrow. not 92 like today. 14 degrees cooler. 78. saturday breezy, cloudy. showers continue, high of 72. significant change for mid- september. it is coming. low pressure area stays to the north. there is the cold front off

shore, making progress towards the bay area. once it gets here we will get cloudy, breezy tomorrow. not as warm. 10-15 degrees cooler tomorrow. and then the rain, first north bay tomorrow evening. showers over night throughout saturday morning and saturday afternoon. not going to feel like summer on the final full day of summer. chilly, breezy and wet at times. future cast, showers moving in as soon as tomorrow. we stay cloudy throughout the night. saturday morning, saturday afternoon few showers around. watch out for rain this weekend. friday evening through saturday afternoon. at most we are talking 10th of an inch in the north bay. coolerworth. cloudier weather -- cooler weather. cloudier weather saturday. tomorrow san jose 78.

sunnyvale 76. union city 71. livermore 95 today. not getting to 80 tomorrow. concord 78. 67 in the city. cloudy in the afternoon. showers towards petaluma tomorrow afternoon. saturday going to feel like fall. it starts fall on sunday when the sunshine comes back and when we get the sunshine nights will be chilly, lower 50s and highs in the low 70s near the bay. right on cue. mother nature says i am doing it this weekend. >> not that they wouldn't sail the america's cup in the rain but i am thinking about the rain. >> i think there could be showers on saturday. tomorrow at 1:00 p.m. we are fine. >> thank you. all right. got a question. why are there a record number of humpback whales off the california coast right now? we will tell you. ,,,,,,,,,,,,,,,,,,,,,,

humpback whales in the mont bay right now: there are a record number of humpback whales in the monterey bay right now.

so an official warning going out. don't do what that woman did. give them room. do not paddle up to them. why are we seeing so many more? we are seeing more of the food they eat. >> generally means the environment in california is colder, influenced by arctic water from gulf of alaska. high in nutrients and that makes for productive times here. >> they will start migrating south to mexico in november. look who migrated back. >> i made it. dance. you know. >> very impress said. . tic -- very impressed. [ talking at the same time ] [ laughter ] this champagne is on ice, not for team new zealand but for a team that is closing in on the american league west.

incredible drama coming up. ,,,,,,,,

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give them props. amazing. >> coco crisp won the hunter award, the most competitive and inspirational player. you think? dan gave up two runs tonight. in the 6th 3-3. lowery gone. 16th of the year but the bullpen gave it all back to minnesota. 8th inning, coco crisp, that is inspirational. 21 home run of the year. two run shot. that is the game winner. a's win 8. 8- 8-6. now texas also won so the magic down is down to four games. one giants fan having a little fun. that is a base hit to right. sanchez scores. three hit day for the new york native in his return home.

madison bumgarner finishing the season on a high note 13th win. giants win 2. 1. america's cup -- 2-1. america's cup, a hook maneuver and set the tone for the 12 race of the cup. crossing the finish line 31 seconds ahead of new zealand. the second race was postponed due to heavy wind. i have my thursday night top 5. number 5, he got matt carpenter sleep ising. ising. life -- sleeping. [ laughter ] >> this is what went right for the eagles tonight. one, two, three. okay? this is what went wrong for the

eagles tonight. picked off michael vick the other night. chiefs 26-16. alex smith and andy read are 3- 0 -- andy reid are 3-0. >> viral catch to tony sanchez. number one dodgers clinched their first national league west title since 2009. they celebrated not with champagne but by jumping into the swimming pool at chase field. >> that didn't go over well. >> you don't swim in the other guy's pool. >> the diamondbacks ran up with chlorine and dumped it in there. no lodger dodger -- longer dodger blue. give it up to the dodgers. within two days i protect -- >> there will be ice. >> bring your plastic. >> we will do.

we have ben warn -- we have been warned. >> we will be right back. ,,,,,,,,,,,,,,,,,,,,

david letterman is next.

>> next newscast tomorrow morning at 4:30 a.m. we will see you back here tomorrow night. >> dennis is going to pop the champagne. >> yes. "late show" theme ) >> from the heart of broadway, broadcasting across the nation and around the world, it's the "late show" with david letterman. tonight... plus paul shaffer and the cbs orchestra. i'm alan kalter. and now, stays crunchy even in milk, david letterman! captioning sponsored by worldwide pants and cbs ( cheers and applause )